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jaznh

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About jaznh

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  1. OK - I know I haven't been able to post for a while, but I'm extremely anxious now because there's a Court case in a couple of weeks. We've received a witness statement which presumably is what CLF think will win them the case. As I write this, I'm trying to scan that doc as a bitmap - is that correct? There are definite inconsistencies in their argument, as we most definitely did not receive these throughout all their litigation, most notably the default notice referred to as 'exhibit SSJ4' in the witness statement. Would my job now be to respond to EACH claim in the witness statement; knocking them down on every inconsistency? As so many times before, advice greatly appreciated. Regards, JnH Here are the witness statement pdf's: http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=19516&stc=1&d=1277807313 http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=19517&stc=1&d=1277807330 Cohens witness statemnt.pdf Cohens Witness statement - 2.pdf
  2. Is there any possibility of some help? I still don't know what to write to the judge?
  3. Anyone help with my last post? What do you reckon to this letter for the judge?
  4. So here's the letter: Dear Judge A_ _ _ , I write to you now because I thought it would be the only way to inform the Court of my regret that the mediation has come to an end. I would say this happened only because the Claimant’s solicitor, H. Cohen, had no intention of resolving the problem. In a letter from the Small Claims Mediator, it said: “I am sorry that the case was not resolved through mediation;…and that the time spent has given both of you a greater understanding of the other’s point of view”. We too are sorry that ‘the case was not resolved’; and wished to continue the mediation, but they have repeatedly failed to provide documents which we felt are crucial. If a Claimant refers to documents in any Particulars of Claim, surely they have a duty to provide copies of these when requested; and as well as that, in responding to their Claim, how can we mount any kind of defence to the Court without them? During the mediation, the Claimant stated that we haven’t submitted a defence. This is precisely because they have never produced the documents we have repeatedly requested from them, without success. This is why we would have to say that if the mediation has actually come to an end, it would only be so because the Claimant has never intended to comply with due legal process. We await further directions from the Court; and we would then continue to request these same documents. Could this not mean that the Claimant’s inaction could lead to a waste of the Court’s time. We certainly have no intention of doing this, so we would be very happy to continue mediation, where the Claimant provides the documents we must have. The fact that I have spent so much time and expense trying to respond to this Claim clearly demonstrates that we have sought a resolution with the Claimant. If the Claimant's solicitor, Howard Cohen, had no intention of providing statutory documents required in Civil Court cases, why enter into the mediation? Surely all this demonstrates is…? What do you think of this letter? Regarding this last sentence, in blue type, I’m not sure what I’m trying to say about HC’s failure to produce documents - what fact does this‘demonstrate’ ? Is this a handle that the Judge can get hold of him with?
  5. Thanks very much, guys. Brilliant help. I've been writing the letter, hopefully I'll have it here soon. Maybe you could tell me what you think...
  6. I also had a phone conversation with the mediators 'support officer'. She implied there would be no point in contacting her. How would you suggest I should deliver the letter to the mediators office - will I do it recorded?
  7. OK - Sorry guys! Here is the letter in full: 'Thank you for using the SC Mediation Service on 4th Feb 2010. I am sorry that the case was not resolved through mediation. I hope, however, that you found it helpful & that the time spent has given both of you a greater understanding of the other's point of view. The court will now be advised that this claim will need to be listed before a judge. You should soon receive an order from the court (if you haven't already - We have received a letter from the judge who ordered mediation which I'm yet to check) telling you when this will be & telling you what you need to do between now & then (these instructions are known as "directions".) It is very important that you comply with these directions as, if you do not, the judge can decide not to take a document or a witness's evidence into account. If you do not receive the hearing date & directions within the next 14 days please contact the court. The Court Service produce a leaflet called "The Small claims track" (EX307) & you may find it useful to read this before the hearing You can obtain a copy from your local court or ... hmcourts-service.gov.uk If you require legal advice before your hearing there are two organisations that provide free, confidential & independent legal advice for those with residence...(it then lists Community Legal Advice - free legal advice for residents of England and Wales, paid for by legal aid & http://citizensadvice.org.uk) If between now & the hearing you wish to make a further offer to settle the case please put the offer in writing to the other party. Mark the letter "Without Prejudice" & ask the other party to reply within 7 days.., bearing in mind the hearing date. We are continually looking to improve the service we offer which is why I ask you to complete customer service survey...." Apart from greetings etc, this is the letter in full - What do you think?
  8. Thanks again snoops - does the above post (#91) have what you need?
  9. Just trying to post the letter..... Can't post it, but it does seem as if we will be able to introduce documents or witness evidence: It says: "It is very important that you comply with these directions as, if you do not, the judge can decide not to take a document or a witness's evidence into account..." It then speaks of hearing from the court within the next 14 days.. Any advice appreciated. Regards, JnH
  10. That's excellent - thanks again DB. Not really sure how to 'copy it in to the court'. Do you mean just take it down & ask for it to be filed with the rest of the court's papers? In regard to the AQ, we previously filed one with the court, & then mediation was ordered /B] by the judge. Does this mean we will have an opportunity to put another AQ in? Also, don't really know about filing this letter you speak of with the claimant - could anyone else advise? It would be yet again much appreciated. Regards, JnH. PS - As I write this, we just received a letter from 'hmcs' saying 'the court will now be advised that this claim needs to be listed before a judge...' It also refers to 'directions' which can influence the judge's decision in regard to taking documents or witnesses evidence. Anyone help us with how to proceed? Many thanks, JnH
  11. Hello again, so I have to admit to feeling a little bit nervous now. After my last conversation with the mediator, she basically was saying that there is no relevancy to the mediation, since we couldn't come to an agreement. As this was the case, she said there would probably be a court case in either March or April; & she gave me a feeling that she wasn't all that impartial, since she said that if I was happy to go to court, why agree to mediation? She did also say that she would inform the claimant's solicitor that they still haven't provided the DN, DoA or the agreement along with its T&C's; but who knows if they will even now comply? There's no evidence that they have any intention of doing so! So, if they still refuse to provide copies of these documents, should we pursue the 'draft order for directions' supplied by pt2537 for non-compliance; or do I need to think about an embarrassed defence for the case itself? Any advice would be much appreciated. Many thanks & regards, JnH
  12. Many thanks, DonkeyB. We greatly appreciate your comments. Firstly, we have had statements sent us from Santander, going back to April 2008. The statement dated March 2009 is from GE Money; after which the next statement is for June, from 'Santander'. There is also a missing statement from August 2008. And no, they have never issued a 'statement of account' after they had become the 'owners' of the account. As regards the agreement, the only documents we've received are those posted above (& the statements I mentioned), viz., no T&C's. And we have also never seen any DN or a DEED of assignment. Any thoughts? Many regards & best wishes, JnH
  13. OK - I've notice a few things about the PoC & the NoA - And I'll begin with the Notice oA:- Firstly, you can read in the copy of the notice above - http://www.consumeractiongroup.co.uk/forum/legal-issues/216902-county-court-claim-jaznh-5.html#post2751831 - that the agreement is made between 'Santander Cards UK of (address) & (the cardholder)'. I do think that the acc. no. is the same, but the agreement makes no reference to Santander cards. It was made with 'GE Capital Bank Ltd, of a different address than that mentioned in the NoA. How can the defendant be forced to comply with an agreement, when they have no evidence that the claimant is the same company that the agreement is made with? Also regarding the Notice; there is no reference to CC Act, 1974. This appears to be in breach of the Consumer credit reg's 1983, (2) (1) (a); & in fact, the notice seems to breach a number of other clauses. Really sorry, I can't seem to find the link snoops gave me to CCR's, 1983. But the main point I'm trying to make, is that there is no default notice; so where does that leave us regarding a NoA? I also mentioned the particulars of claim. There are two references which I need to ask questions about: i) The last paragraph refers to 'clause 7' of the agreement, which CL Finance say 'claims contractual interest'. However, there is no clause 7, as you should be able to see from agreement above. There is a clause 6, which ends the agreement, since the creditor asks the applicant to sign here. Does this in any way make a difference to CLF's claim? ii) I'm hoping this second point will make a BIG difference - In par.2 of the PoC, CLF say:' The Defendant has failed to make payment in accordance with the terms of the agreement & a default notice has been served upon Defendant pursuant to Section 87(1) of the CCA 1974.' But this statement is either a blatant LIE, or they have deliberately neglected to provide evidence that such a DN was served; when I asked in mediation that a copy should be sent. The mediator told me that the claimant's solicitor said that it would be. I had told the mediator, also, that we had been seeking the DN, several times, since the beginning of August, 2009. I do hope that I'm not asking too much of anyone to help with these foregoing points, but perhaps if I can resolve them, it would bring an end to all of the ins-&-outs of our case. Can I also say a huge thank you, a great deal of appreciation, & absolute respect to the CAG forum site team, especially to snoops, who have given me so much help. Regards & best wishes, JnH
  14. So hopefully I've done it correctly this time. The two documents we received below are the agreement, & the alleged Notice of assignment. These are the only doc's received, other than statements going back to Feb 2008, when, as you'll see from the agreement, it dates from 2001. Does this have any significance? You will probably appreciate then, that we have not received any kind of Default Notice, nor deed of assignment or termination notice. What do you all think about this? Once again we would be very grateful for any responses. Regards, JnH Sorry if the images are too massive - I was really struggling to get anything in there!
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